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shree (xyz)     03 November 2017

Due to not attending case...judgment given

My friends wife is staying away from him for last one year and she filed the case in the court under sec 125 domestic violence and due to not attending of the case the court has give judgement in her favour for giving maintenance ...now after three months of the judgment she again filed the case for not receiving of maintenance then my friend got summons from the court to attend the case but the time he receives the notice he was out of station for 2 months 

Q can we give request to the court for attending the case on January 20 which is the confirmed date where he can attend the case? Will court allow me to do so

He is ready to give medical certificate and travel issue and also giving on court fee stamp to the court through his family member



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 11 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 November 2017

 File a petition under section 317 of Cr.p.c. is an exception under which trial or enquiry can proceed in absence of the accused if the court is satisfied with the reasons assigned in the petition.

1 Like

manoj   03 November 2017

yes the court will allow the petition for attending January 20th, you are suppose to show the court the travel issues when you are outside India. If you are residing in India the court will issue warrant on you to attend the accused before the court. But your situation is different I expect. you have a right to reopen the maintenance case if the suit got exparte decree in her favor. 

 

manoj

advocate

8686159292

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 November 2017

Dear Querist

My opinion on your query is as under:-

 

Q:- can we give request to the court for attending the case on January 20 which is the confirmed date where he can attend the case? Will court allow me to do so.

Opinion:- husband may file an application U/s 126(2) of Cr.P.C.in the case of 125 of Cr.P.C. for the set aside the ex-party Judgment and pray for fighting the case on merit.

if the case is related to domestic violence and the court passed maintenance order then you may file an application Under section 25(2) OF Protection of Women from Domestic Violence Act-2005 and pray for set aside the ex-party judgment and fight the case on merit.

 

Feel Free to Call

Nadeem Qureshi Adv

9899686394, 9953809956

2 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     03 November 2017

Why did you not attend the initial proceedings? It shows that you're most likely not participating the proceedings despite due service; because no Court, not even munsif magistrate passes an ex-parte order on a single non appearance. Better appear and contest instead of imagining that non-apperance will somehow work in your favour. You better appear now through a friend/colleague/lawyer on the next date of hearing (non-compliance/non-payment) with a letter of authority (non-lawyer) or a Memo or Appearance/Vakalatnamaa (Lawyer) and present the documents citing the reason for you non-appearance on that one date and the Court will definitely  consider it. So far as the order of maintenance is concerned, you better have good reasons supported with proof for your non-appearance.

 

@ Rama ji, Section 317 Cr.P.C.  provides for the situation where the accusd is evading appearance; that will actually work against the querist who is not appearing or defending the case.

shree (xyz)     25 November 2017

I agreed with Sec 126(2) and sec 317 CRPC but due to some kind of commitment for settlement from Advocate. My friend has given a medical certificate and got extended date for one month but his Advocate could not settle the matter so he wants to appear in front of the court on 27 January because he is not there in India.

Can court allow him to attend the trial

 

thanks

Shree

shree (xyz)     27 November 2017

Hi Expert,

Any suggestions

shree (xyz)     27 November 2017

HI Experts,

 

do you have any opinion on this

 

thanks

Shree

shree (xyz)     27 November 2017

Hi Masters,

Please help me with suggestions

shree (xyz)     28 November 2017

Hi Experts,

Expecting some suggestions

 

thanks

 


(Guest)

I think your problem is financial in nature. If you are unable to pay maintenance, raise loan. You need to approach bank for it. There is no use banging your head here.

Read more at: https://www.lawyersclubindia.com/forum/Due-to-not-attending-case-judgment-given-155735.asp

shree (xyz)     28 November 2017

Hi Expert,

I think you have not read  the reply carefully...my friend   already submitted the medical certificate in the court to get next date  and now on next date also he can not   attend the case as he is in abroad(not in India) and will be back in January so can he get an exemption from the court or not

 

that sit...


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